HomeMy WebLinkAboutO-1797ORDINANCE NO. 1797
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2127726 !I BALDWIN COUNTY, ALABAMA HARRY D'OLIVE, JR. PROBATE JUDGE Filed/cert. 06/04/2024 01 :36 PM TOTAL $25.00 5 Pages
AN ORDINANCE TO ESTABLISH A HISTORIC PRESERVATION COMMISSION
IN THE CITY OF FAIRHOPE AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FAIRHOPE:
Section I: Purpose
A.In 1989, the State of Alabama enacted legislation authorizing all municipalities
to adopt ordinances to establish historic development commissions, and to
promote educational, cultural, economic and general welfare of Alabama
municipalities through preservation and protection of historic resources.
(Alabama Code§§ 11-68-1 through 11-68-15).
B.Alabama Code § 11-68-14 additionally authorizes the City to grant the
Commission additional powers set forth in Alabama Code Title 11 Chapter 68.
C.In support and furtherance of its findings and determination that the historical,
cultural, and aesthetic heritage of the City of Fairhope is among its most valued
and important assets and that the preservation of this heritage is essential to the
promotion of the health, prosperity, and general welfare of the people;
D.In order to stimulate revitalization of the business district and historic
neighborhoods and to protect and enhance local historical and aesthetic
attractions to tourists and thereby promote and stimulate business;
E.In order to enhance the opportunities for federal or state tax benefits under
relevant provisions of federal or state law;
F.In order to participate in federal or state programs to promote the protection,
preservation, and rehabilitation of historic properties;
G.The City Council of the City of Fairhope hereby declares it to be the purpose
and intent of this Ordinance to establish a Historic Preservation Commission in
the City of Fairhope in accordance with the provisions of the Ordinance.
NOW, THEREFORE, in consideration of these findings, the Council hereby
adopts this Ordinance as follows.
Section II: Creation of a Historic Preservation Commission
A.Creation of the Commission
B.
1.There is hereby created a Commission whose title shall be "City of Fairhope
Historic Preservation Commission" (hereinafter "Commission") pursuant to
§§ 11-68-1 through 11-68-15 of the Code of Alabama (1975).
2.The Commission shall constitute a non-profit governmental agency whose
funds shall be used exclusively for public purposes as provided herein.
Commission Members: Number, Appointment, Terms, Compensation and
Rules and Standards
1.The Commission shall be composed qf not less than seven (7) members, who
shall have demonstrated training or experience in the fields of history,
architecture, architectural history, urban planning, archaeology, law, or
related fields, or who shall have demonstrated an interest in historic
preservation with training in historic preservation. Members of the
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C.
Commission shall be bona fide residents of the territorial jurisdiction of the
City of Fairhope. Not more than one of the members of the Commission
shall be a public official, and such public official shall meet the experience
and residency requirements set forth hereinabove.
2.Members of the Commission shall be nominated by the Mayor and appointed
by the City Council. Nomination and appointment of members of the
Commission shall be made to ensure that the Commission will be composed
of persons having as much of the training and experience specified in section
(1)as possible.
3.Except for the original members of the Commission, members of the
Commission shall serve three year terms and shall be appointed in such a
manner so as to serve overlapping terms. Two of the original members of
the Commission shall be appointed to serve a one year term, two of the
original members of the Commission shall be appointed to serve a two year
term, and the remainder of the original members of the Commission shall be
appointed to serve a three year term. Members of the Commission may be
reappointed.
4.Members of the Commission shall serve without compensation but may be
reimbursed for expenses incurred on behalf of the Commission in
accordance with the rules and regulations for the reimbursement of expenses
adopted by the Commission and allowed by law.
5.Any vacancy occurring on the Commission other than by expiration of term
shall be filled for the unexpired term of such member by the procedures set
forth in section 2 above.
6.Conflict oflnterest. No member shall vote, present, discuss or participate in
any matter in which the member has a Conflict of Interest or in which the
member or any family member has any financial gain or interest.
7.Members of the Commission may be removed for cause by the City Council,
which shall be established in the sole discretion of the City Council.
8.Members of the Commission shall elect a chairman and a vice chairman and
such other officers as the Commission deems necessary. The Commission
shall adopt rules of procedure and bylaws to govern its operations and shall
provide a copy of those rules of procedure and bylaws to the City Council.
The rules of procedure and bylaws of the Commission shall specify what
number of members of the Commission constitutes a quorum. The
Commission's rules of procedure and bylaws may be amended from time to
time by the Commission.
Commission Meetings, Minutes and Public Participation
1.All meetings of the Commission must be publicly announced and be open to
the public. Commission meetings must occur at regular intervals. Written
notice must be provided prior to all meetings, including any special
meetings, in accordance with Alabama law, and the Commission shall
furnish a copy of its meeting schedule to the City Clerk, Mayor, and
Commission Members and post such notices on the City's web page. The
Commission shall meet by public meeting at least four ( 4) times per year.
2.Minutes of all decisions and actions of the Commission including the reasons
for making these decisions must be submitted to the City Clerk and available
for public inspection.
3.All decisions of the Commission shall be made in a public forum.
4.The rules of procedure and bylaws adopted by the Commission must be
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available for public inspection and constitute a public record that shall be
furnished to the City Clerk.
D.Statement of the Commission's Power
E.
F.
1.The Commission shall be authorized with the powers and duties as set forth
in this Ordinance and described in Alabama Code § 11-68-5, including but
not limited to:
a.Prepare a survey of all property within the City limits of Fairhope that
identifies properties with historic or cultural significance in accordance
with standards established by the Alabama Historical Commission;
b.Promote acquisition of fa9ade and conservation easements by the City or
by the Commission;
c.Develop and conduct educational programs on the benefit of historic
projects and historic preservation subjects;
d.Make recommendations for potential acquisition of historic properties to
the City of Fairhope;
e.Make such investigations and studies of matters relating to historic
preservation as the City deems necessary and appropriate;
f.Seek out local, state, federal and private funds for historic preservation,
and make recommendations to the City Council concerning the most
appropriate use of any funds acquired;
g.Review and make comments to the Alabama Historical Commission
concerning the nomination of properties within its jurisdiction to the
National Register of Historic Places;
h.Investigate, survey and process nominations of properties to the National
Register of Historic Places;
1.Investigate, survey and process applications for certification of historic
properties for tax credits for preservation expenditures; and
J.Participate in private, state and federal historic preservation progra,ms and
enter into agreements with same to perform historic preservation related
functions as authorized by City Council.
Annual Re_Qorts of the Commission's Activities
1.The Commission shall prepare and file with the City Council and with the
Alabama Historical Commission, an annual report of its activities as required
by the City Council and the Alabama Historical Commission. The annual
report shall cover the period from October 1st to September 30th and shall
be submitted in October of each year. The report shall include such items as
the details of educational and outreach programs of the Commission, revised
resumes of Commission Members/staff, appointments to the Commission,
and all minutes relating to the review of National Register nominations. The
report shall document attendance at the orientation and training sessions of
Commission Members.
Records of Commission Meetings
1.A public record shall be kept of the Commission's resolutions, proceedings
and actions.
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G.ResQonsibilities of Commission Members
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1.Each Commission Member and anyone serving the Commission in a
technical/professional staff capacity are encouraged to attend informational
or educational meetings each year pertaining to historic preservation. Such
meetings may include those sponsored by the Alabama Historical
Commission, the National Trust for Historic Preservation, or a local
preservation organization.
H.Liaison Between the Commission and the State Historic Preservation
Office (Alabama Historical Commission)
1.Should the City Council elect to become a Certified Local Government
("CLG"), the City Council shall designate an employee of the City or a
person working under contract as a source of technical, administrative, or
professional assistance to be responsible for the operations of the
Commission pursuant to the requirements of certification for participation in
the Certified Local Government Program. At least one member of the
Commission and/or the person serving as the Commission's liaison will
attend the Alabama Certified Local Government orientation training session
sponsored by the Alabama Historical Commission each year.
Section III: Separate Process for Designation of Historic Districts and Historic
Properties
A.Upon recommendation by the Commission, and in the event the City Council desires
to create a process to designate historic properties and historic districts within the City
limits and establish requirements for a Certificate of Appropriateness procedure
pursuant to Alabama Code § § 11-68-6 through 11-68-9, a separate ordinance by City
Council must be enacted in accordance with Alabama law, including all applicable
public notice and public hearing requirements, to establish the procedure for
designation of historic properties and historic districts.
Section IV: Severability
A.In the event that any section, subsection, sentence, clause or phrase of this Ordinance
shall be declared or adjudged invalid or unconstitutional, such adjudication shall in no
manner affect the other sections, sentences, clauses or phrases of this Ordinance,
which shall remain in full force and effect, as if the section, subsection, sentence,
clause or phrase so declared or adjudged invalid or unconstitutional were not
originally a part thereof.
Section V: Definitions
A."Certified Local Government" (CLG) -means a local government certified by the
National Park Service and the Alabama Historical Commission to participate in the
federal Historic Preservation Program and be eligible to receive federal technical
assistance and funding for preservation activities.
B. "City" -means the City of Fairhope, an Alabama municipal corporation.
C."City Council" -means the elected members of the City Council of Fairhope,
Alabama.
D."Commission" -means the City of Fairhope Historic Preservation Commission as
established pursuant to this Ordinance.
E."Commissioner" or "Commission Member" -means a person appointed to the
Commission pursuant to this Ordinance.
F."Conflict of Interest" -means a conflict on the part of a Commissioner between his
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or her private interest and the responsibilities imposed by this Ordinance. A Conflict
of Interest involves any action, inaction, or decision by a Commissioner or in the
discharge of his or her duties which would materially affect his or her financial interest
or those of his or her immediate family members or any business with which the
person is associated.
G."Mayor" -means the Mayor of the City of Fairhope.
Effective Date
This Ordinance shall become effective on May 13, 2024. THEREFORE, BE IT RESOLVED,
that the City Council does hereby ordain, resolve, and enact the foregoing Historic
Preservation Commission Ordinance for the City o!-f airhope,
4'A�24
Corey Martin, Council President
Attest:
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APPROVED AND ADOPTED THIS 13TH DAY OF MAY, 2024